After
the sale and purchase conditions are
agreed upon you and/or your Agent are
advised to ask for a copy of the TAPU
(Title Deeds) and double check
whether:
1-The TAPU really belongs to the
property
2-It is a residential property in a
zone covered by an Implementary
Development Plan or a Local
Development Plan
3-The property really belongs to the
person who introduced himself to you
as the "owner"
4-No annotation prohibiting the
sale/purchase of the property appears
on the TAPU
5-The property complies with all
regulations
6-All licenses and official permits
for the property had been properly
obtained
7-The current owner does not owe taxes
anything to the Tax Office
8-The current owner owes no over-due
debts to the utility companies
Contracts are not compulsory according
to current regulations and mutual
declaration of both the buyer and
seller to the TAPU (Title Deeds)
Registry Office is enough to carry out
the transfer of ownership, a contract
will allow you to protect yourself. If
you are using a real estate agent
and/or solicitor ensure the contract
refers to them and that they also sign
the contract. Your contract should
include the following:
1-A detailed description of the
property (address, TAPU details,
technical conditions etc)
2-The actual price to be paid to the
seller for the property
3-The seller's bank account details
for payment
4-The agent and/or solicitors bank
account details for payment
5-The payment terms and conditions to
the seller including deposit, interim
and final payments
6-A Statement requiring the seller and
the buyer to pay their own tax
liabilities
7-The fees and commissions to be paid
to the solicitor or agent
8-Under what conditions and how the
money paid by the buyer will be
refunded by the seller
9-Whether parties can give up the
sale/purchase, if so, under what
conditions this can happen
10-The rights and responsibilities of
the persons whose signatures appear on
the contract
11-ID numbers of Turkish nationals (TC
Kimlik No) who are to sign the
contract, the Barr registry number of
the solicitor being used and the trade
registry number of the real estate
company
Before signing the contract have it
translated into English. Relying on
only an oral-translation may lead to
unwanted situations in the future.
Sign the contract in the presence of a
notary public and then have them
notarized. This will ensure that:
1-The people signed the contract and
their signatures are genuine
2-The contract is in line with Turkish
laws and officially acceptable
anywhere in Turkey
3-The terms within the contract are
binding for all parties
The next step for both buyer and owner
or their legally authorized agents is
to apply to the TAPU Office for
transferring of ownership. During the
application the buyer or their agent
are to provide the local TAPU Office
with the following documents:
Buyer
1-Title Deed or a document indicating
the property's exact location (plot or
parcel number etc.)
2-2 recent passport photos of the
buyer
3-Passport and/or ID Card of the buyer
Agent
1-An acceptable Power of Attorney
2-2 recent passport photos of the
agent
3-Passport and/or ID Card of the agent
Upon your application the local TAPU
office will do a search on behalf of
whether the property is in a forbidden
zone or not. After military clearance
has been finished you are given an
official ownership document called the
Title Deeds (TAPU). Without having a
TAPU you are never considered to
legally own the property even if you
signed a legally acceptable purchase
contract with seller.
This is to provide basic information
about the purchasing process in
Turkey.
The information in this post is of a
general nature and does not constitute
legal advice, Text provided by
Turkishhomes4sale.
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